Bipin Mahto @ Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8161 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== BIPIN MAHTO @ BIPIN KUMAR age 32 years Male, Son of late Baidhu Mahto Resident of Village- Mohanpur, P.S.- Samastipur, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar No1 For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Muffasil P.S. Case No. 117 of 2018 registered for the offence punishable under Sections 147, 148, 149, 379, 387, 427, 448, 504 and 506 of the Indian Penal Code.
Allegation against the petitioner is of entering the house of Informant on the strength of pistol along with FIR named accused and taking away handbag of the wife of informant containing 10 bhar gold and silver ornaments amounting to Rs. 2,50,000/- and also demanding rangadari of Rs. 2,00,000/-.
Patna High Court CR. MISC. No.8161 of 2019(2) dt.26-02-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has further been submitted that the Informant claims that entire occurrence is captured in CCTV camera, but during the course of investigation when the I.O. has seen the footage of CCTV camera, then he saw that some scuffle happened outside the house of the Informant, but there is no footage of petitioner entering the house of Informant. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 31.08.2018 in Criminal Miscellaneous No. 56366 of 2018. Petitioner has got no criminal antecedent and is in custody since 22.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Samastipur, in connection with Muffasil P.S. Case No. 117 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.8161 of 2019(2) dt.26-02-2019 3/3 court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U